The law firm Lundgaard Jensen Advocacia e Consultoria Internacional, registered under CNPJ No. 21.682.183/0001-42, located at Rua João Cordeiro, nº 831, bairro Meireles, CEP 60.110-355, Fortaleza/CE, values the privacy and protection of the personal data of its staff, suppliers, partners and clients, complying with the requirements established by Law No. 13.709 of August 14, 2018, also known as the General Data Protection Law (LGPD).
This Policy aims to clarify, transparently, the relationship with data subjects, addressing certain matters important to the Firm in order to explain which personal data are collected, how they are used, the purposes for which they are used, with whom they are shared, how they are stored, and other matters pertaining to the law.
This Privacy Policy will be updated whenever necessary and will address:
- Concepts under the General Data Protection Law (LGPD);
- Which personal data are collected;
- How we use your personal data;
- With whom we share your personal data;
- How we keep your personal data secure;
- How long your personal data will be stored;
- Your rights as a personal data subject and how to exercise them;
- Ways to contact the Data Protection Officer.
To comply with the requirements of Law No. 13.709/2018 (“General Personal Data Protection Law – LGPD”), the following legal concepts must be clarified:
- Personal Data: data and information obtained online or offline that can identify or render identifiable natural persons (data subjects), including data that can be combined with other information to identify an individual and/or that relate to their identity, characteristics or behavior, or influence how they are treated or assessed, including identification numbers, location data or electronic identifiers.
- Sensitive Data: personal data concerning racial or ethnic origin, religious beliefs, political opinions, membership in a trade union or an organization of a religious, philosophical or political nature, data concerning health or sex life, genetic or biometric data when linked to a natural person, or any data that, when combined with other information, may influence how the data subject is treated, that is, may potentially give rise to some form of discriminatory practice prohibited by law.
- Anonymization (as well as related terms such as anonymize and anonymized): any and all reasonable technical means and processes available at the time of the processing (defined below) of personal data that result in the data subject not being identified. Anonymized data will not be considered personal data for the purposes of applicable legislation unless the anonymization process to which they have been subjected is reversed or can be reversed using reasonable efforts.
- Processing (as well as the related terms process and processed): any and all operations performed on personal data, including collection, production, receipt, classification, use, access, reproduction, transmission, distribution, processing, filing, storage, deletion, evaluation or control of information, modification, communication, transfer, dissemination or extraction.
- Controller: a natural person or legal entity, governed by public or private law, responsible for decisions concerning the processing of personal data, particularly the determination of the purposes and means of processing personal data.
- Processor: a natural person or legal entity, governed by public or private law, that processes personal data on behalf of the Controller.
- Legal Basis: legal grounds authorizing the processing of personal data, as listed in Law No. 13.709/2018.
If, after reading our policy, you do not understand or disagree with any point, please contact us at the Data Protection Officer’s email address: mkt@lundgaardjensen.com.
The Firm’s role under the LGPD:
In this case and generally, the Lundgaard Jensen law firm will act as the controller of the personal data to which it has access, determining the purposes and means of processing in its dealings with its partners, who will be regarded as personal data processors.
Which personal data are collected by the Lundgaard Jensen law firm and for what purposes they are used.
The Firm processes the personal data of its clients and partners and, according to the mapping carried out in February/2023, the personal data and purposes are listed below:
- Name, CPF, passport, residential address and email address for billing and payment purposes for corporate clients;
- Name, nationality, CPF, residential address, email address and telephone number for initiating judicial and administrative proceedings;
- Name, nationality, CPF, residential address, email address, telephone number and passport for initiating matters and drafting commercial contracts;
- Name, CPF, RG, address and passport for drafting contracts concerning clients’ properties and handling related matters;
- Passport, birth certificate, CPF and address for incorporating companies and obtaining CPF registration at the client’s request;
- Criminal records, birth certificate, marriage certificate and personal documents for visa applications.
The aforementioned personal data are processed by the Firm to exercise its statutory powers or fulfill its legal and contractual duties.
Why do we request your data?
The data are necessary to:
- draft contracts;
- enable communication with data subjects;
- fulfill legal obligations;
- identify the client when the Firm provides services to them;
- manage teams;
- serve administrative and management purposes;
- fulfill contractual obligations.
Where do we store data and with whom do we share them?
Most personal data are stored on a digital network equipped with antivirus databases and data protection software, while some data are stored in physical form in a closed, secured filing system.
Data sharing is carried out in accordance with the guidelines and limits of the General Data Protection Law (LGPD). The Firm includes protection and confidentiality clauses in contracts signed by suppliers, partners and staff, thereby binding them to the same rules and making them aware of their liability in the event of damage, loss, misplacement, acts or omissions, and unlawful conduct affecting the data shared and processed.
What rights do personal data subjects have and how can they exercise them?
Under the General Data Protection Law (LGPD), the subjects of personal data collected by the Lundgaard Jensen law firm have the following rights:
- Request disposal of data;
- Confirmation of data;
- Access to data;
- Correction of data;
- Objection to the data collected.
The data subject may request disposal of their data collected and stored by the Firm when those data are unnecessary, excessive or processed in breach of the LGPD. Disposal may be partial or total, meaning that a specific item of data or all data collected by the company may be disposed of.
Please note that the Firm cannot dispose of data processed pursuant to legal and/or contractual obligations, an exception permitted by the General Data Protection Law (LGPD). Such documents will be retained for the period specified by law or contract.
The data subject may confirm and access the data collected; may request correction of their personal data to keep their records up to date; and may object to the processing of personal data pursuant to Article 18, paragraph 2, of Law No. 13.709/2018 – LGPD, where the data subject’s consent is not required.
Finally, the data subject may request portability of their data to another service or product provider.
All requests above must be sent to the Firm’s Personal Data Protection Officer by email at mkt@lundgaardjensen.com, through an express request addressed to the processing agent by the data subject or a duly appointed representative. If immediate compliance is not possible, a response will be sent to the data subject that may:
- state that the recipient is not the agent responsible for processing the data and identify that agent whenever possible; or
- indicate the factual or legal reasons preventing the requested action from being taken immediately.
Security measures implemented by the Firm
The Firm uses the best security protocols to preserve the privacy of data subjects’ personal data and also recommends individual protection measures.
It should be noted that staff engaged by the Firm sign confidentiality and nondisclosure undertakings concerning the information and data processed and have also been instructed in the proper handling of documents.
The Firm also retains an outsourced IT professional to assist in more urgent cases and matters requiring specialized technological knowledge.
In addition, the Firm has a Code of Conduct, an Information Policy, a Data Removal and Disposal Policy and a Privacy Policy that guide the activities of all staff.
Suggestions for keeping your data and information secure
To maintain the security and protection of the personal data you provide during registration or when engaging our services, we suggest communicating exclusively through business and corporate channels, avoiding personal contacts and the improper forwarding of third-party data without consent.
The Firm’s email addresses end in @lundgaardjensen.com. It is therefore essential to pay attention to emails sent to you and verify whether they genuinely originate from the stated sender.
We suggest that staff use passwords containing uppercase and lowercase letters, symbols and numbers to make passwords more secure. Avoid sharing passwords with multiple people within the company and avoid saving them in an easily accessible location.
How long personal data will be stored
Personal data are processed for as long as necessary to carry out the activities and are removed once the periods established by law and contract have expired. The periods established for each department are set out below. If you have any questions, refer to the Firm’s Document Retention and Disposal Policy.
| Department | Document Description | Retention Period | Legislation |
|---|---|---|---|
| ENVIRONMENTAL | Licensing documentation | 10 years | CONAMA Resolution No. 237/1997 |
| ENVIRONMENTAL | Construction permit | 10 years after the contract with the client has ended. | Civil Code |
| ENVIRONMENTAL | Application for an operating permit | For as long as the client relationship continues (precautionary, nonmandatory period) | ------ |
| FINANCE | Account-opening forms | 10 years after the contract with the client has ended. | Civil Code |
| FINANCE | Request for Reports or Sisbacen Registration (Legal Entity) - Central Bank of Brazil | 10 years after the contract with the client has ended. | Civil Code |
| FINANCE | Tax Invoice (supplier, fixed assets and sale of fixed assets) | 5 years | Law 5.172, Article 173, National Tax Code |
| FINANCE | Outgoing Tax Invoice | 10 years | Law 8.212, Article 46, Organic Social Security Law |
| FINANCE | Reimbursement Requests | Once completed by the client, there is no longer a specific purpose for retaining the document | ------ |
| PERSONNEL DEPARTMENT | Employment/Hiring Documents | 5 years | Consolidation of Labor Laws (CLT) |
| PERSONNEL DEPARTMENT | Documents relating to the staff member’s FGTS (Severance Indemnity Fund) | 30 years | Law 8.036/90 |
| ACCOUNTING | Individual Income Tax Return | 5 or 6 years | Civil Code |
| ACCOUNTING | Individual Income Tax Return | 10 years | Law 8.212, Article 33 |
| ACCOUNTING | Cofins (Contribution for the Financing of Social Security) | 10 years | Law 8.212, Article 33 |
| ACCOUNTING | PIS - Payment | 10 years | Law 2.052, Articles 3 and 10, PIS-PASEP |
| ACCOUNTING | Damef (Annual Declaration of Economic and Tax Activity) | 5 years | Law 5.172, Article 173, National Tax Code |
| ACCOUNTING | Water, Electricity and Telephone Bills | 5 years | Law 5.172, Article 173, National Tax Code |
| CORPORATE AND OTHER MATTERS | Articles of Association and Amendment | 10 years | Civil Code |
| CORPORATE AND OTHER MATTERS | Deed of Purchase and Sale | For as long as the client relationship continues (precautionary, nonmandatory period) | ------ |
| CORPORATE | Municipal Registration Application/Application for Various IPTU (Urban Property Tax) Requests | For as long as the client relationship continues (precautionary, nonmandatory period) | ------ |
| CORPORATE AND OTHER MATTERS | Property Valuation Application | For as long as the client relationship continues (precautionary, nonmandatory period) | ------ |
| LITIGATION | Documentation relating to Judicial and Administrative Proceedings | 10 years | Civil Code |
| SALES | Client Form | For as long as the client relationship continues | LGPD, Article 7, V |
| SALES | Personal Documents (CPF, RG, Passport, Proof of Residence, etc.) | For as long as the client relationship continues | LGPD, Article 7, V |
| REAL ESTATE | Public Deed | For as long as the client relationship continues (precautionary, nonmandatory period) | ------ |
| REAL ESTATE | Contracts | 10 years | Civil Code |
| RECEPTION | Lease Agreements | 10 years | Civil Code |
| IMMIGRATION | Personal Documents (CPF, RG, Passport, Proof of Residence, etc.) | For as long as the client relationship continues | LGPD, Article 7, V |
| IMMIGRATION | Application for CPF Registration | For as long as the client relationship continues | LGPD, Article 7, V |
| IMMIGRATION | Investment Plan | For as long as the client relationship continues | LGPD, Article 7, V |
| IMMIGRATION | Criminal Records (sensitive) | For the specific activity requiring the certificate. Remove afterward. | LGPD, Article 11 |
| IMMIGRATION | Foreign Exchange Contract, when involving an individual | For as long as the client relationship continues (precautionary, nonmandatory period) | ------ |
Effectiveness of this Privacy Policy
The Firm seeks to improve the experience of its partners, clients and staff by making changes to the policy, including new features, services and any other necessary updates, while always maintaining transparency and keeping this policy up to date.
Any future changes to this policy will be announced on the website, where applicable. Nevertheless, we recommend that our partners, clients and staff always keep themselves informed of our current policy.
Contact Channel/Data Protection Officer
For matters relating to the Privacy Policy, the Lundgaard Jensen law firm provides direct contact with the Data Protection Officer by email at mkt@lundgaardjensen.com.
Governing Law and Jurisdiction.
This policy will be governed, interpreted and implemented in accordance with the laws of the Federative Republic of Brazil, particularly Law No. 13.709/2018, irrespective of the laws of other states or countries. The courts of the domicile of the personal data controller will have jurisdiction to resolve any questions arising from this document.